2000 PLP (C (PLC(CS))
Mirza ABDUL QAYUM BAIG Versus STATE BANK OF PAKISTAN, KARACHI
| Citation | 2000 PLP (C (PLC(CS)) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Ajmal Mian, C. J., Munawar Ahmed Mirza and Ch. Muhammad Arif JJ |
| Parties | Mirza ABDUL QAYUM BAIG Versus STATE BANK OF PAKISTAN, KARACHI |
| Primary Law | Service Tribunals Act (LXX of 1973) |
Q1: What are the key laws and sections cited in 2000 PLP (C (PLC(CS))?
This judgment primarily cites: Service Tribunals Act (LXX of 1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2000 PLP (C (PLC(CS))?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Ajmal Mian, C. J., Munawar Ahmed Mirza and Ch. Muhammad Arif JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2000 PLP (C (PLC(CS)) (Mirza ABDUL QAYUM BAIG Versus STATE BANK OF PAKISTAN, KARACHI). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Zafar Abbas Zaldi, Advocate Supreme Court for Petitioner.
- M.Z. Qureshi Azad, Advocate-on-Record for Respondent.
- Date of hearing: 16th October, 1998.
- M.Z. Qureshi Azad, Advocate‑on‑Record for Respondent.
Headnotes / Summary
(On appeal from the judgment dated 5-3-1998 of the Federal Service Tribunal, Islamabad in Appeal No. 2680-K/97).
S. 2-A [as incorporated by Service Tribunals (Amendment) Act (XVII of 1997)], S.4
Constitution of Pakistan (1973), Art.212 (3)
Appeal before Service Tribunal
Appeal against order of dismissal from service passed by Authority against civil servant, was dismissed by Service Tribunal holding that cause of action having accrued to civil servant during period when he was not a civil servant, appeal did not fall within ambit of jurisdiction of Service Tribunal Section 2-A, Service Tribunals Act, 1973 having retrospective effect relating to matters pertaining to procedure, leave to appeal was granted to consider as to whether Service Tribunal was justified in holding that civil servant's appeal was not competent. Ghulam Mustafa Khairati v. Federation of Pakistan and another 1998 SCMR 1603 and Muhammad Afzal v. Karachi Electric Supply Corporation through Managing Director, Karachi 1999 SCMR 92 ref.
Judgment & Decree
Zafar Abbas Zaldi, Advocate Supreme Court for Petitioner. M.Z. Qureshi Azad, Advocate‑on‑Record for Respondent. Date of hearing: 16th October, 1998. AJMAL MIAN, C.J.‑‑‑This is a petition for‑leave to appeal against the judgment 'dated 5‑3‑1998, passed by the learned Federal Service Tribunal, Islamabad (hereinafter referred to as the Tribunal) in Appeal No.2680‑K of 1997, filed by the petitioner against dismissal order dated 20‑6‑1996 from service of the respondent on, the ground of misconduct, dismissing the same for following reasons: "We have heard the learned counsel for the appellant and examined the record. The appellant has been dismissed from service vide order dated 20‑6‑1996 as a result of disciplinary proceedings in case of embezzlement in prize bonds on different occasions. Admittedly he preferred a departmental appeal against the dismissal order on 16‑7‑1996 which was rejected vide order dated 11‑11‑1996. Thus, the cause of action accrued to the appellant during the period when he was not a civil servant. As such, the appeal does not fall within the ambit of jurisdiction of this Tribunal and deserves dismissal on this account alone. The counsel for the appellant could not satisfy the Bench on this point." The petitioner has, therefore, filed the present petition for leave to appeal. In support of the above petition, Mr. Zafar Abbas, learned counsel for the petitioner has vehemently contended that the learned Tribunal erred in holding that the appeal was not competent as dismissal order was passed on 20‑6‑1996 and his departmental appeal was rejected on 11‑11‑1996. According to him, this is contrary to the view taken by this Court, inter alia, in the case of Ghulam Mustafa Khairati v. Federation of Pakistan and another (1998 SCMR 1603) in which it had been held that newly incorporated section 2‑A in the Service Tribunals Act, 1973, by Act XVII of 1997 had retrospective effect being amendment relating to matters pertaining to procedure. Reliance was placed on an unreported judgment of this Court in the case of Muhammad Afzal v. Karachi Electric Supply Corporation through its Managing Director, Karachi Civil Appeal No. 1513 of 1998 (1999 SCMR 92). We are inclined to grant leave to consider as to whether the learned Tribunal was justified in holding that the petitioner's appeal was not competent. Leave is accordingly granted. H.B.T./ A‑125/S Leave to appeal granted.